LEASE OF MARE

Gisborne Herald, Volume LXXV, Issue 22617, 21 April 1948, Page 8

LEASE OF MARE

£3O CLAIM FAILS K. RANSOM’S SISTER OWNER'S REPOSSESSION A claim to recover £3O from Henry Victor Lunken, merchant, owner of King's Ransom and several other Glsborne bred racehorses, for damages for alleged breach of contract, failed when it was heard before Mr K L Walton, S.M.. in the Magistrate's Court in Gis borne yesterday. The claim was brought by William Edwards and arose out of the lease ot the mare Quaint Song, a half-sister to King’s Ransom, by Edwards in .lone. !946, and the taking back of the mare by the owner. Lunken, in May. HIT; It was alleged that Lunken paid only £2O for the recovery of 'he mare and had agreed to race Quaint Song and pay

a further £3O from her first winnings. It was alleged that he did not train the mare for racing, but sent her to the stud. Mr. M. R. Maude appeared for the plaintiff .and Mr. K. A. Woodward for Lunken. Leasing of Quaint Song Edwards, a farmer at Waihirorc, said Quaint Song and King's Ransom were both out of a mare formerly owned by him. In June, 194 U, when King's Ransom was practically un known to the public, he had leased Quaint Song from Lunken, who was to receive 15 per cent, of the winnings. The mare won a race at Gisborne and was placed fourth and fifth at Gisborne and Napier She had a slight defect in one leg, but was good for racing. ‘Lunken found fault with his training of the mare, said Edwards, and wanted her back. The plaintiff said he asked for £SO and agreed to take £2O cash and a document was drawn up and signed by Lunken stating, It is my intention to endeavour to race Quaint Song and I agree to pay £3O to Edwards from iter first win.”

Quaint Song was delivered to Lunken’s trainer, McDonald, on May 20 and witness contended that she was not trained and shortly afterwards was sent to the stud. By then King’s Ranson was known to be a good racehorse. Under cross-examination Edwards admitted that Quaint Song had a bowed tendon. He had run her successively in two races at Makaraka on May 10, 1947, and had then asked Lunken if he could put her to the stud, but was told she was on lease for racing purposes only. The witness thought McDonald might have had the horse in training for a month. •‘Worth £IOOO a Year as Brood Mare” Percy Turnbull, timber worker, Makaraka, who looked after Quaint Song for Edwards, said he considered the mare was more valuable as a brood mare than a.s a racer. She was worth about £IOOO a year as a brood mare, depending on the sire. He considered that had _ Edwards waited for soft tracks Quaint Song would have won races, as a bowed tendon in one leg was not detrimental to racing a horse. On the ground that the contract was too indefinite and that the £3O was only to be paid if the horse won, Mr. Woodward asked that the plaintiff be non-suited. The magistrate ruled that lie must prove that Lunken endeavoured to race the horse.

In evidence Lunken said that he wanted to win races with Quaint Song as this would make her eventual progeny more valuable. He had left the horse with his trainer, McDonald, but at the end of a month was told that it was a waste of time and money trying to train the horse in her present condition. She was still lame and sore three months after he took delivery of her. The nyare had no bowed tendon when he leased her to Edwards. lie had to take the advice of his trainer as he knew nothing about training horses, said Lunken. Trainer’s Evidence Alfred George McDonald, horse trainer, Gisborne, said that when the mare was handed over to him she was lame and had a bowed tendon. He was instructed to train Quaint ‘Song foi racing, but it was useless trying to train a lame horse and after a month he decided she had no future as a racing horse. In giving judgement, with court costs and expenses, for the defendant, the magistrate said he thought that Lunken had discharged the onus put on him and had sent the marc to be trained by an expert. He had to accept the expert's advice to send the mare out of training and to the stud. Lunken, therefore, did endeavour and took the first steps to race the horse.

Mr. Walton pointed out that should the mare race again in the future the contract would then come into effect.